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Bushfire arson sentence inadequate: court

Daniel Fogarty

Prosecutors are demanding a heavier jail sentence for a former volunteer firefighter who lit a catastrophic Black Saturday fire that killed 10 people.

Brendan James Sokaluk, 42, started the fire that caused the deaths at Churchill in Victoria's east in February 2009.

Prosecutors told the Victorian Court of Appeal on Thursday that Sokaluk's sentence of 17 years and nine months, for arson causing death, was inadequate and should be increased to between 24 and 26 years.

Sokaluk's conviction last April for causing the 10 deaths made him Victoria's worst ever killer.

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Prosecutor Tom Gyorffy SC told the court Sokaluk's offending was about as serious an example of the crime as could be found.

"This was a day where the risk was very high," he said.

"It was a day on which no fire should be lit."

Mr Gyorffy said there was a threat that Sokaluk could continue his behaviour after his release because his autism and intellectual disability would hinder his ability to rehabilitate.

Appeal Justice Marcia Neave noted there was no diagnosis of pyromania in a psychological report about Sokaluk.

The court also heard Sokaluk had no prior convictions.

Sokaluk's barrister Jane Dixon SC told the court Black Saturday was a seminal moment in Victorian history, and people who had no knowledge of Ash Wednesday may not have appreciated what would happen with a fire on a day like that.

She said the argument that Sokaluk posed a future danger to the community had not been led by prosecutors prior to his sentence.

Her client's offending was "impulsive and spontaneous", Ms Dixon said.0

"Adding another five years isn't going to enhance the protection of the community, on the contrary," she said.

Justice Neave, Court of Appeal President Justice Chris Maxwell and Justice Stephen Kaye reserved their judgment until a date to be fixed.

Sentencing Sokaluk in April last year, Justice Paul Coghlan said he did not believe Sokaluk had intended to kill anyone.

He ordered Sokaluk serve at least 14 years in prison before being eligible for parole.

Each of the 10 counts of arson causing death carried a maximum of 25 years in prison.